NSW Caselaw
New South Wales District Court
CITATION: R v Shaba, Dilan [2010] NSWDC 34
JUDGMENT DATE: 18 January 2010
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Convicted. Sentence to a non-parole period of 3 years to date form the 18th January 2010 and expire on the 17th January 2013. Balance of term of 3 years to expire on the 17th January 2016.
CATCHWORDS: Criminal Law - Sentencing - Malicious wounding with intent to inflict GBH - offender aligned with others seeking payback for earlier incident - disproportionate vigilante response - victim lured to one side by trickery - knife concealed until used - penetration through left side to kidney - surgery - long recovery period - impaired kidney function. - Criminal Law - Sentencing - Victim Impact Statement - purposes of VIS - limited to particulars of personal harm as direct result of offending conduct - offensive, threatening, intimidating, harassing material impermissible - unsworn evidence - not subject to testing - limited use when assessing criminality - VIS failed to comply - reasons given. - Criminal Law - Sentencing - Standard Non-Parole Period - after trial - mid-range of seriousness - reasons for not setting SNPP - absence of significant record - youth.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act Crime (Sentencing Procedure) Regulation 2005
R v Hearne (2007) 124 AcrR 457) CASES CITED: Tran [1999] NSWCCA 109, R v Townsend and Cooper unreported NSWCCA, 14th February 1995. R v James Fryar [2008] NSWCCA 171
PARTIES: Regina Dilan Shaba
FILE NUMBER(S): 2007/00008280
COUNSEL: Crown: M Cuneen Defence: P Hogan
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